Advocaat Law Marks 15th Anniversary, Pushes for Operationalising MNVOs

A full-service commercial law firm, Advocaat Law Practice (ALP), has marked its 15th anniversary with a hybrid discourse series on “Operationalising mobile virtual networks in Nigeria” (MNVOs).

 Legal and regulatory experts, who spoke on the legal framework and the legal considerations for MNVOs to thrive, 

 identified the requirements for operationalising them.

Speakers include lawyer and Executive Commissioner at the Nigerian Communications Commission (NCC), Adeleke Adewolu, who gave the keynote address. 

He was represented by the Head of Licensing and Authorisation at the NCC, Usman Mamman.

The panellists comprised a partner at ALP, Rotimi Akapo; partner at Squire Patton and Boggs (UK) LLP, Francesco Liberatore; Managing Director of Systegra Technologies Limited, John Adams; and Head of BSS Products EngHpouse Networks, Nikolaj Jensen. 

The moderator was the Chief Executive Officer of Airbyte Solutions, Folabi Okubajo.

The speakers explained that a MVNO is a wireless communications services provider that does not own the wireless network infrastructure over which it provides services to its customers. 

According to them, an MVNO enters into a business agreement with a mobile network operator (MNO) to obtain bulk access to network services at wholesale rates and then sets retail prices independently.

ALP Founder, Ola Alokolaro, said the theme was chosen to delve into a subject that carries substantial potential for the Nigerian telecoms sector.

MVNOs, he said, represent a paradigm shift, offering new vistas in the telecommunications landscape and greater accessibility to consumers.

He added that the discourse was a platform to dissect and understand the nuances of integrating MVNOs into the Nigerian market, thereby encouraging progress and growth in the telecoms sector.

The ALP Founder added: “This understanding is essential, not only for prospective MVNO entrants but also for existing MNOs, regulators and stakeholders alike who are all integral in shaping the future of our telecoms sector.

“For us, this discourse series is not just a discussion, but a crucial step towards harnessing the full potential of our telecommunications industry.

“Through informed conversations and collaborative efforts, we can pave the way for a more dynamic, competitive and inclusive telecoms landscape.

“Our collective efforts are not just about examining the potential of MVNOs, but about forging a path that could lead to a more vibrant and resilient telecoms sector – one that can navigate the challenges of today and emerge stronger for the future.”

Alokolaro described the day as momentous for the law firm as it celebrates its 15th anniversary. 

He said the firm had been on a journey of unwavering commitment to best-in-class legal services across various sectors.

Adewolu said the NCC Act 2003 empowers the commission to facilitate investment in mobile virtual networks.

The objectives of the law, he said, include allowing providers of virtual mobile communication services to participate in Nigeria’s telecommunication market, with emphasis on improving output; ensuring that all stakeholders are adequately catered for; and allowing for virtual network service to contribute to the availability and expansion of quality mobile coverage.

The commission, he added, provides guidelines under which mobile virtual network operations can flourish. 

Adewolu stressed that the licencing framework is designed to induce investment in the telecoms industry; enhance competition by service providers and choice by consumers; facilitate job creation; and enhance the contribution of the telecommunication industry to the Gross Domestic Product (GDP).

Akapo, who heads the Telecommunications, Media and Technology Practice Group of Advocaat Law Practice, gave a breakdown of the licensing framework and legal considerations.

He said: “The MVNOs need to ensure compliance with not only their specific license obligations but the various regulations and guidelines that affect their operations on a day-to-day basis.”

Licensees, he said, are to file the full contract agreement with the NCC and must obtain other licences to provide full services.

Akapo noted that in line with the Executive Order regarding contracts and services, licensees should show proof of local content in their ownership and service delivery. 

He added: “The licensee must ensure that its services are rolled out within 12 months of obtaining its license. 

“A licensee must comply with the competitive practices regulation issued by the commission in delivering its services.”

According to Akapo, interconnection agreements must be according to the Interconnection Regulation.

Besides, the licensee must adhere to all obligations and must not engage in any anti-competitive conduct that places licensees from lower tiers in a disadvantaged position, he stressed.

The law, Akapo said, provides that priority will be given to licensees that target markets that fall within the unserved and underserved regions.

He also explained the contracting requirements, saying the tier an MVNO operates determines the contractual relationships.

“Generally, the MVNO reaches a ‘wholesale agreement’ or ‘revenue sharing agreement’ with the MNO through negotiations,” he said.

Jensen noted that planning, focus and execution were essential in running an MVNO.

He urged operators to be specific about the market they operate in and understand the conditions.

Jensen advised: “Know your critical mass and how to reach them. 

“Make a detailed description of your offering, the customer journey, and services you will be offering. Set your price point based on your offering and test your offering with your target market.

“Create a budget based on funding and forecasted revenue to plan for (phased) investments. Work with partners to validate your approach and to get guidance designing and architecting the right solution.”

Adams, who spoke on opportunities, noted that currency devaluation will increase the cost of sourcing technology, adding that talent exodus will pose challenges to sustainability.

He, however, said the projection that there will be a billion interconnected machines and devices by the year 2050 underscores the opportunities for investments.

ALP is a full-service commercial law firm with extensive experience in advising stakeholders of various sectors of the Nigerian economy.

It is structured on a partnership basis, with the Energy and Infrastructure, Financing and Capital Markets, Corporate Commercial, Telecommunications, Media and Technology (TMT), Dispute Resolution, Shipping and International Trade, and Government Relations and Public Policy Groups as its core practice groups. 

With a strong and dedicated team of lawyers and support staff, as well as a global network of consultants, the firm provides legal advisory services to organisations and individuals with business interests in Nigeria and the Sub-Saharan African region. 

ALP has been recognised both locally and internationally. In 2019, it was awarded Law Firm of the Year (mid-size practice) in Nigeria by ESQ; in 2017, the firm was voted the Law Firm of the Year (small practice) in Nigeria by ESQ; and 

In 2016, it was recognised as the Emerging Law firm in Africa by the Law Digest Awards.

The firm is ranked for its Energy and Infrastructure, Corporate Commercial and Banking and Finance mandates.